host,wet t baer -- bret baier. >> the u.s. ambassador to libya, our ambassador, has been killed along with three other americans after a series of attacks -- >> america's commitment to religious tolerance goes back to the very beginning of our nation. but let me be clear, there is no justification for this. none. >> the focus at the romney press availability, his overnight press release. >> governor romney, do you think, though, coming so soon after the events really have unfolded overnight was appropriate to be weighing in on this as this crisis is unfolding in realtime? >> the white house, also, issued a statement saying it tried to distance itself from those comments and said they were not reflecting of their view ares. i had the exact same reaction. >> the rose garden minutes later -- >> we will not waver in our commitment to see that justice is done for this terrible act. >> by this point, according to

sources, the u.s. intelligence community already knows the attack was a terrorist act, has listed it as such internally to unlock resources and believes it was al-qaeda or al-qaeda-linked groups in libya. libya. three hours, president obama sits down with "60 minutes." >> i think it was absolutely the right thing for us to do to align ourselves with democracy, universal rights, a notion that people have to be able to participate in their own governance. but i was pretty certain and continue to be pretty certain that there are going to be bumps in the road. >> that afternoon the president leaves for a campaign trip and fundraiser in las vegas. six p.m., fox news already has intelligence sources saying al-qaeda-linked groups could be behind the attack. >> u.s. officials are investigating whether a

pro-al-qaeda group known as the imprisoned abdul ram man brigades was involved. >> it was a coordinated, military-style, commando-type raid that had direct and indirect fire, military movements involved in it. this was a well-planned, well-targeted event, no doubt about it. >> and we weren't alone. >> david barton reports it may have been a terrorist strike tied to 9/11. >> this was executed by a group that is either associated with or sympathizes with al-qaeda. >> roughly 9 p.m., president obama mentions the attack but spends most of the time campaigning in nevada. >> now, because nevada is a battleground state, you are aware that we've got an election going on. [cheers and applause] >> from nevada the president goes on to campaign in colorado. september 13th at the state department, questions about security. >> we did evaluate the threat

stream, and we determined that the security at benghazi was appropriate for what we knew. >> and another statement about the anti-islam video. >> there is no justification, none at all, for responding to this video with violence. >> september 14th, the president and secretary of state greet the bodies of the fallen at joint base andrews. >> we will stand fast against the violence on our diplomatic missions. >> later that day on capitol hill -- >> it's pretty obvious that there's very likely that there was a terrorist organization that, affiliated with al-qaeda. it was in benghazi that had at least some role in this attack. >> september 16th, u.s. board to the united nations susan rice goes on five sunday talk shows calling the attack "spontaneous." >> in fact, this was not a

preplanned, premeditated attack. >> september 17th -- >> simply on the basis of what ambassador rice has publicly disclosed, does the united states government regard what happened in benghazi as an act of terror in. >> again, i'm not going to put labels on this until we have a complete investigation, okay? >> so you don't regard it as an act of terrorism? >> i don't think we know enough. i don't think we know enough. >> september 18th on the david letterman show -- >> is this an act of war? are we at war here? what happens here? >> here's what happened. you had a video that was released by somebody who lives here, sort of a shadowy character who is a extremely offensive video directed at muhammad -- >> making fun of the prophet muhammad. >> making fun of the prophet muhammad. so this caused great offense if much of the muslim world, but

what also happened was extremists and terrorists used this as an excuse to attack a variety of our embassies including the one, the consulate in libya. >> september 19th on capitol hill, the head of the national counterterrorism center, the only administration official to testify so far. >> question i would say, yes. they were killed in the course of a terrorist attack on our embassy. >> september 20th -- >> it is, i think, self-evident that what happened in benghazi was a terrorist attack. >> we have reports that the white house said today that the attacks in libya were a terrorist attack. >> we're till doing an investigation, and there are going to be different circumstances in different countries. and so i don't want to speak to something until we have all the information. >> september 2 23st -- >> what happened in benghazi was a terrorist attack. >> september 24th -- >> then i heard hillary clinton say that it was an act of terrorism. is it? what do you say? >> well, we're still doing an

investigation. there's no doubt that the kind of weapons that were used, the ongoing assault, that it wasn't just a mob action. >> september 25th at the united nations -- >> there are to words that cause the killing of innocents. there's no video that justifies an attack on an embassy. megyn: well, the benghazi igniting yet another fierce battle at this week's town hall debate. after a man named cary latka stood up and asked the president about the situation and specifically why the state department had refused the requests by those on the ground in benghazi for extra security prior to the attack. president obama responded to him and told the national tv audience listening that he called this terror from day one, referring to his rose garden speech on september 12th. listen. >> the day after the attack, governor, i stood in the rose

garden, and i told the american people and the world that we are going to find out exactly what happened, that this was an act of terror, and i also said ha we're going the hunt down those who committed this crime. and then a few days later i was there greeting the caskets coming into andrews air force base. and grieving with the families. and the suggestion that anybody in my team whether secretary of state, our u.n. ambassador, anybody on my team would play politics or mislead when we've lost four of our own, governor, is offensive. that's not what we do. megyn: but afterward away from the national tv audience, something else happened. the president actually sought out the man who asked him that question, cary ratka.

see this? the conversation they're having? and last night mr. latka went on the record here at fox to explain what the president said to him. listen. >> he tried to explain that the reason he took so long between that initial announcement in the rose garden and about two weeks later when he formally announced it as an act of terrorism that he wanted to be deliberate, that he did not want to make a mistake based on misinformation, he wanted accurate and true information because any action he took in any part of the world including the middle east would have dire consequences. so he really wanted to be deliberate and careful before he decided to take any course of action. megyn: joining me now, our chief white house correspondent ed henry. eld, i mean, that tells the story. >> reporter: interesting. megyn: of the changing accounts we have gotten from the white house, and there's no question that the president used the phrase acts of terror on september 12th late in the speech. we're going to get to this later because we're going to play the speech. used the term "acts of terror,"

but the timeline makings it -- makes it clear that this administration was telling us it was about a protest for the first ten b days after the attack. >> sure. yesterday the white house was upset with me because i suggested maybe the president was trying to rewrite history in the debate, and they took issue with that, they thought it was an unfair charge. but right there in bret's piece, the president's story now is that he called it terrorism on september 12th -- megyn: that that is what he meant to do. that's what he's getting at. >> that's what he says, okay? even though it was late in the speech, that's what he says. that's his story. then why, number one, did jay carney, susan rice, a whole series of officials and victoria newlin when james rosen was pressing her at the state department say, it's too early -- megyn: we don't know enough. president obama on "the view," to letterman, it's under investigation. >> number two, days later you had james clapper, the director of national intelligence, put out this late friday statement

late in september clarifying that the intelligence had changed and that's why susan rice and others were not sure early on and thought maybe it was the video, but now we have more intelligence suggesting it's terror. you don't issue a clarification days later from the director of national intelligence if the commander in chief has already declared it's terror, right if why would you need that clarification if they're saying, let's clarify, it's terror -- megyn: so -- >> i don't mean to interrupt, but if it was terror, why then did the president hours later go to las vegas for a campaign event? if he believed it was terrorism and four people had just died, you would think whether it's an election year or not that the president of the united states would say, wait a second, here, let's figure this out. now, in their defense they say, look, wherever the president travels -- megyn: he's still the president. i've got to ask you a question, and that is do we believe based on what we saw from the president at the debate, that his position -- >> there's no doubt about it. megyn: -- is going to be i said it was terror from day one, i

was a little ginger with the language, but i knew it was terror, and i never would have said -- >> reporter: therefore, we want to be deliberate. jay carney said, look, folks, why is anyone questioning this because this was just hours after the attack in benghazi, he walks out to the rose garden with his secretary of state, and when he referred to acts of terror, he very cleary was talking about benghazi. that is their story now, they're sticking to it, and campaign spokeswoman general sake yesterday said she believes it was one of the best, greatest moments in recent debate history because they believe inside the white house and in the obama campaign in chicago that it showed the president's a leader, and can they believe it shows that mitt romney was playing political games with this issue. megyn: wow. >> so, look, that's their case. they're going to bring it to the american people, and let's not forget next monday night -- megyn: all about foreign policy. we will definitely be hearing more about this as we heard from team romney today. ed, thank you. >> good to see you. megyn: several big questions

still ahead including did you see this tuesday night? >> i want to make sure we get that for the record because it took the president 14 days before he called the attack in benghazi an act of terror. >> get the triplet. megyn: we'll go one better. stay tuned as we replay his entire speech from the day after the attacks on benghazi, the remarks in the rose garden, just ahead. i'm a conservative investor. i invest in what i know. i turned 65 last week. i'm getting married.

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>> i can tell you this, i think we do know what happened now. there's no question, but that it was a terrorist attack. there's no question but the security was inadequate, and i think there's no question that we need to work on our intelligence. my understanding is, and this, i think, was verified in the debate from what i heard, that the day after the president went to the rose garden and said this was a terrorist attack, i think what happened was the director

of national intelligence which we call the dni who is a very good individual, the former head of the defense intelligence agency general jim clapper, put out some speaking points on the initial intelligence assessment. um, i think that was possibly a mistake. megyn: fox news alert on a specific accusation from the senate intel committee chairwoman dianne feinstein, democrat, blaming by name the director of national intelligence, james clapper, for the obama administration's evolving accounts of the benghazi terror attack. speaking to a local tv station, ms. feinstein specifically calls out mr. clapper saying he was the one who put out the talking points used by the executive branch in the days after the attack on our consulate. all the this comes as we learn today about a possible motive, a specific motive for that attack

on our consulate in benghazi and how this could all be part of a larger al-qaeda strategy. our chief intelligence correspondent catherine herridge is live with the very latest in washington. catherine? >> reporter: megyn, thank you. two military sources tell fox news that a a the attack may hae been preemptive and specifically the growing cia presence at the annexment al-qaeda is capitalizing on the proliferate proliferate -- this attack on the consulate june 6th with an ied planted in the perimeter wall is described to fox as a probing attack to measure the u.s. response. there was nothing significant in response that attack. that incident coupled with attacks on the international red cross and this rpg attack on the british ambassador also in june, also in benghazi suggesting a pattern to drive western influence from that city. part of the broader effort by the al-qaeda affiliate to establish an islamic state in

eastern libya. what do you think al-qaeda looks like today, especially in north africasome. >> it's much stronger, it's spreading out. it's sort of running across the map of northern africa, what they call the maghreb, the northern countries and libya. there are franchise activities springing up with different names, and they constantly are changing the names. they basically are part of this loosely-affiliated network. there's a lot of money in it, there is a lot of dedication and commitment in it. >> reporter: the chair of the powerful senate intelligence committee, dianne feinstein, says it was probably a mistake for director p clapper to put out those talking points initially after the attack. i have asked the dni what their can confidence level was on the video, that's a pretty standard point in an assessment. megyn, he was not explained to me whether it was high or whether it was low. and just as a final point in that timeline, i think september 17th was really a critical date. that was when fox news reported

that there was no demonstration, and when you pulled that single thread on that data point, the whole iteration that it was somehow a demonstration that spun out of control began to unravel. megyn: that's right. i mean, the administration now is saying that they've said all along that it was terror, and, you know, you have to have followed it because you were reporting day by day on the unraveling of the narrative that this was about a protest. i mean, you were reporting there was no protest and getting this from multiple sources, and now the new message is, well, we said it was terror all along, so, you know -- >> reporter: that was certainly not the white house position, not at the time we reported that, because we faced a lot of pressure for that. megyn: indeed. catherine herridge, thank you so much. >> reporter: you're welcome. megyn: so was this really the fault of america's intelligence community? we're going to bring in fox news strategic analyst ralph peters now, author of the book "cain at gettysburg." you remember this because you specifically praised catherine herridge's reporting that was leading to in the story starting

to unravel about the protest. ed henry was here at the top of the show saying this wasn't just a phrase by the president, this is going to be the new narrative, that they knew it was terror all along and identified it as such. >> stalinist rewriting of history. it is so shameless. i'm pretty good with words, megyn, but i can't find adjectives adequate to describe the hypocrisy and deceit in the white house. and it's something i think senator feinstein -- who, by the bay, i admire e nor in mousily -- i'd vote for her if she was in my district. what she got wrong was alluding to intelligence failure. there was no intelligence failure. i guarantee you the agents, the anallies knew from the start this was an organized act of terror. what you had was the failure of leadership within the intelligence community at jim clapper's level and, perhaps,

other senior managers. and, look, we don't know what happened. but having worked in that bureaucracy for a long time myself, it looks to me -- only my view, megyn -- that jim clapper got told you've got to take one for the team here -- megyn: and i want to follow up with you on that after the break on the specific naming, now, of the dni as the man behind the information. that's after the break.

megyn: all rd heard from the dns office in late september sort of taking the fall for the misinformation that was being put out about this video, the misinformation that now the white house seems to be saying wasn't given. i mean, now the new narrative's apparently going to be we always said it was terror, but in any event, the dni, his office took the fall for this, and today we

have dianne feinstein saying it was specifically james clapper. there's going to be questions, there will be questions now about mr. clapper and why, why he didn't know if, in fact, he didn't, that this was terror when our state department was saying, look, we're not the ones who said it was about a protest. we watched it unfold in realtime, don't put that on us. and before i get your answer, i want to refresh the viewers' memory because mr. clapper's the one that called the muslim brotherhood a secular group, and he is the one who didn't even know about 12 terror arrests in great britain on the day he sat down for this interview with diane sawyer. watch it. >> london. how serious is it? any implication that it was coming here? any of the things that they have seen were coming here? dr. clapper? >> the arrests of the 12 individuals this morning? this is something that the british informed us about early this morning.

>> i was a little surprised you didn't know about london, director clapper. >> i'm sorry. i didn't. megyn: your thoughts. >> well, you know, the process of politicizing intelligence and putting malleable directors in goes back before the dni position was created. it started really with clinton. bush/cheney made it worse, and the obama administration has made corrupting intelligence into an art form. two points. first of all, not -- state department, as you observed, megyn, watched it do go down in real time. they knew it was a terrorist assault. but i can assure you the serious people, the case officers, etc., had been warning about the dangerous situation in libya for months and months. now, back to, you know, the rose garden statement that they're trying to now project as the president knew all along it was terror and he said it, if -- when you listen to that or read it, he doesn't talk about terrorists. not once does he say

"terrorist." they're killers, attackers. certainly no reference to islamist terrorists. the only bleak reference is a mild apology for the video so that front's covered. and it's after his mention of 9/11 that he gets to, well, act of terror. but really seems to be referring to 9/11, and very artfully-crafted speech that gives him deniability all around. megyn: we are actually going to play the rose garden remarks after this break so they can make up their own minds about whether the president was meaning to refer to benghazi. but i want to ask you, now, does somebody take the fall for this? how can the state department know it's terror and the intelligence community doesn't? the director of national intelligence doesn't know, you know, when the state department does? >> look, the intelligence community knew. personally, i can only conclude that director clapper knew, general clapper knew. he could not not have known. megyn, it doesn't work like that. i worked in that world.

you know, alphabet soup clearances. and he knew. he would have been briefed on it the first day. you can only conclude unless he produces mitigating evidence, you can only conclude this this was one more cover-up within the web of cover-ups the white house has produced about this. and by the way, i'm still waiting for president obama to call this an act of islamist terror. he won't because his whole narrative is he's mr. tough guy on al-qaeda, al-qaeda's broken. here we are four years later. at the end of the bush administration for all its faults, al-qaeda was on the ropes. al-qaeda is back bigtime, and the white house is lying. megyn: the president has removed that talking point from his stump speech about how al-qaeda's on the run and bin laden is dead, and, you know, that's not generally done accidentally. we're going to talk about that later in the show. ralph, thank you for your perspective. >> thank you, megyn. megyn: coming up, eva longoria

is also a co-chair of the obama campaign, and today she's taking hits for sending a very ugly message about mitt romney. we'll have that for you just ahead. and the president challenged governor romney during the debate to get the transcript from his remarks right after the lib b ya terror attack -- libya terror attack. we'll go one better and play the whole thing for you right after this break. >> i want to make sure we get that for the record because it took the president 14 days before he called the attack in benghazi an act of terror. >> get the transcript. ♪ constipated? yeah. mm. some laxatives like dulcolax can cause cramps. but phillips' caplets don't. they have magnesium. for effective relief of occasional constipation. thanks. [ phillips' lady ] live the regular life. phillips'.

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megyn: well, it was five weeks ago yesterday when president obama stepped up to the microphone in the rose garden and spoke about 9/11. the crowds, storming our embassy in cairo x the deaths of four americans at our consulate in benghazi, libya. at this week's presidential debate, president obama challenged governor mitt romney and the rest of america to, quote, get the transcript to prove that he had labeled the attack on our benghazi consulate "terror" from day one. decided to go one better and just play the remarks for you in full. here they are. >> good morning. every day all across the world american diplomats and civilians work tirelessly to advance the interests and values of our nation. often they are away from their families, sometimes they brave great danger.

yesterday four of these extraordinary americans were killed in an attack on our diplomatic post in this benghazi. among those killed was our ambassador, chris stevens, as well as foreign service officer sean smith. we are still notifying the families of the others who were killed. and today the american people stand united in holding the families of the four americans in our thoughts and in our prayers. the united states condemns in the strongest terms this outrageous and shocking attack. we're working with the government of libya to secure our diplomats. i've also directed my administration to increase our security at diplomatic posts around the world. and make no mistake, we will work with the libyan government to bring to justice the killers who attacked our people. since our founding, the united states has been a nation that

respects all faiths. we reject all efforts to denigrate the religious beliefs of others. but there is absolutely no justification to this type of senseless violence, none. the world must stand together to unequivocally reject these brutal acts. already many libyans have joined us in doing so, and this attack will not break the bonds between the united states and libya. libyan security personnel fought back against the attackers alongside americans. libyans helped some of our diplomats find safety, and they carried ambassador with stevens' body to the hospital where we tragically learned that he had died. it's especially tragic that chris stevens died in benghazi because it is a city that he helped to save. at the height of the libyan revolution, chris led our diplomatic post in benghazi with characteristic skill, courage and resolve. he built partnerships with

libyan revolutionaries and helped them as they planned to build a few libya. a new libya. when the gadhafi regime came to an end, chris was there to serve as our ambassador to the new libya, and he worked tirelessly to support this young democracy, and i think both secretary clinton and i relied deeply on his knowledge of the situation on the ground there. he was a role model to all who worked with him, and to the young diplomats who a aspire to walk in his footsteps. along with his colleagues, chris died in a country that is industrial -- still striving to emerge from the recent experience of war. today the loss of these four americans is fresh, but our memories of them linger on. i have no doubt that their legacy will live on through the work that they did far from our shores and in the hearts of those who loved them back home.

of course, yesterday was already a painful day for our nation as we mark the solemn memory of the 9/11 attacks. we mourned with the families who were lost on that day. i visited the graves of troops who made the ultimate sacrifice in iraq and afghanistan at the hallowed grounds of arlington cemetery and had the opportunity to say thank you and visit some of our wounded warriors at walter reed. and then last night we learned the news of this attack in the men -- benghazi. as americans, let us never, ever forget that our freedom is only sustained because our people who are willing to fight for it. to stand up for it. and in some cases, lay down their lives for it. our country is only as strong as the character of our people, and the service of those both civilian and military who represent us around the globe. no acts of terror will ever

shake the resolve of this great nation, alter that character or eclipse the light of the values that we stand for. today we mourn for more americans who represent the very best of the united states of america. we will not waver in our commitment to see the that justice is done for this terrible act, and make no mistake, justice will be done. but we also know that the lives these americans led stand in stark contrast to those of their attackers. these four americans stood up for freedom and human dignity. they should give every american great pride in the country that they served. and the hope that our flag represents to people around the globe who also yearn to live in freedom and with dignity. we grieve with their families, but let us carry on their memory and let us continue their work of seeking a stronger america and a better world for all of our children. thank you.

may god bless the memory of those we lost, and may god bless the united states of america. megyn: and there you have it. psi upon rosenberg is president and founder of ndn, he's also a former campaign adviser to president clinton, and ben ferguson is a radio talk show host. gentlemen, welcome back to the program. so now you heard the president there, and he said no acts of terror will ever shake the resolve of this great nation, acts of terror. and there is a question now. ed henry, our chief white house correspondent, saying the white house is going to run with this, what the president said in the debate the other night, to say that that reference we just heard was the president declaring libya a terrorist attack. is that what you heard, ben? >> no, it's not. and it's not what the white house said, it's not what the president said in the days after. it's not what the state department put out in a video that they paid for to play around the world apologizing on behalf of a youtube video. even in that video where our own

state department took the exact words from the president of the united states of america and words from hillary clinton, there was nothing in that video but an apoloy and nothing about terrorism at all. they said it was a video, they did not say this was an act of terror. he talked specifically about what happened last night in benghazi. he did not say the acts of terror last night in benghazi. he didn't come close to that words. they can try to rewrite history, but there is also their own ambassador rice who said this was because of a video, and we spent $70,000 on an ad saying we're sorry for a video. that doesn't sound like an act t of terror to me if you're apologizing for a video. megyn: simon, the use of the phrase "no acts of terror will ever shake the resolve of this great nation" on the heels of an acknowledgment of 9/11 and having gone to arlington cemetery is not necessarily synonymous with the president proclaiming what what happened n

benghazi as a terrorist act. do you take it now as such? >> i first want to say that i don't work for the government, and i don't have a security clearance, and there's an awful lot going on here that we're all trying to make sense of here, so i want to say that on the outset. let me read you what barack obama said the next day, which is he said: so i want all of you to know that we are going to bring those who killed our fellow americans to justice. i want people around the world to hear me. to those who will do us harm, no act of terror -- not no acts, but no act of terror -- will go unpunished. so i think that what is fair right now is what we know is this: in the days afterwards of this terrible act, this tragic act, we knew immediately that military means had been used. this was not like what happened in cairo where people climbed over the fence, right this many and even the next day on september 12th i went on your show, this show, and talked about the military strike that had taken place. what was confusing was whether or not -- so there was no

confusion about whether or not there was a military-like strike against our ambassador who killed him. that was clear from day one. what has been confusing is whether or not this was that the video caused these protests. and and given that there were protests going on in dozens of other cities because of this video at the very same time, it is reasonable to assume that they thought there was also a video involved in this too. they've since clarified and said that was not the case -- megyn: okay, wait. we're going to carry you guys over, because we're going to hit the break. act of terror, declaring something an act of terror does not necessarily mean you are declaring it a terror attack. any act that's going to kill our ambassador in this fashion could be described as an act of terror. that's not necessarily the same as declaring it a terrorist attack, and it seems -- hold on, e is nowinish -- it seems like going to be that the president was meaning to and did declare this a terrorist act because that's what he seemed to tell that questioner after the fact. that's what we believe, but i

didn't want to go that far on camera. quickly, and then i'm going back to ben after the break. >> quickly, megyn, it was 24 hours after a terrible act where the guys who knew what actually had happened had died. he left himself the running room in that in case it wasn't -- megyn: hard break coming up in the four seconds. coming back to you guys. >> after the commercial we'll talk. okay. nt it to cindy, who wondered why her soup wasn't quite the same. the recipe's not the recipe... ohhh. [ female announcer ] ...without swanson. the broth cooks trust most when making soup. mmmm! [ female announcer ] the secret is swanson.

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♪ we're lucky, it's not every day you find a companion as loyal as a subaru. love. it's what makes a subaru, a subaru. well, if itmr. margin?margin. don't be modest, bob. you found a better way to pack a bowling ball. that was ups. and who called ups?

you did, bob. i just asked a question. it takes a long time to pack a bowling ball. the last guy pitched more ball packers. but you... you consulted ups. you fod a better way. that's logistics. that's margin. find out what else ups knows. i'll do that. you're on a roll. that's funny. i wasn't being funny, bob. i know. megyn: simon rosenberg and ben ferguson back with me now. simon, quickly. >> so in "the new york times" today there was a report about the man who's been identified as the leader of the attack who represents an organization called ansar al-sharia who has no, and it says in "the new york times" that this group has no known affiliation with al-qaeda. >> it's still an act of terror. megyn: let him finish, but quickly. i've got to give the floor back to ben because he hasn't had a lot of time. >> go ahead, megyn, give it to ben. >> this is not hard to figure out what the president was

saying. our ambassador, hillary clinton and barack obama all said that this was a spontaneous, including when he went to the big stage, the united nations where the world was -- >> that's simply not true, ben. that's simply not true. megyn: okay. you can debate about what the president said at the u.n., but you cannot debate about what susan rice said. >> she said -- megyn: she claim -- blamed it on a video. there's no question about that, simon. >> that's not true, megyn. megyn: do we have the susan rice tape? all right, we're getting it. >> can i finish this one point, simon? if you're the president of the united states of america and you have someone who walks into your office on 9/11 on that evening and says there was a five-hour random fire fight, our ambassador's dead, three americans who are trained at the best in our military are dead, you should be smart enough as the president to know that's not a spontaneous act of people

rioting. that's an orchestrated attack, and it's a terrorist attack, and the president should know that. and if he doesn't know it, we've got big problems because you don't have a five-hour rock-throwing contest on the anniversary of 9/11. it was an orchestrated attack, it was a five-hour -- megyn: all right. let me jump in. even the president's remarks that we just listened to in the rose garden he says we reject all efforts to denigrate the religious beliefs of others. that is clearly a reference to this tape that was bashing the prophet muhammad. but there is absolutely no justification for this type of senseless violence. simon, you're telling me he budget trying to tie the -- he wasn't trying to tie the tape to what happened in benghazi there? >> megyn, i don't think people knew at that point what had happened. megyn: then why is he doing that? >> let me -- because the tape was relevant because that weekend that susan rice spoke on television, there were protests against the tape in dozens of cities across the middle east.

the tape was still roiling the middle east, it was still a factor in the debate at that time. and to deny it is just ignorant. and so i think -- >> but the president knew -- megyn: no, to deny it is not ignorant. >> it is ignorant. it's ignorant, megyn. megyn: -- at the benghazi consulate on the day of the attack. >> it was relevant and causing trouble in dozens of other capitals around the middle east. megyn: but not in benghazi. hold on! ambassador susan rice, here's susan rice five days after the president now claims -- >> i want to respond. i want to get a chance to respond to this. >> that we have today is that, in fact, this was not a preplanned, premeditated attack, that what happened initially was it was a spontaneous reaction to what had just transpired in cairo as a consequence of the video. our current -- megyn: last word, simon. i've got to go in 30 seconds. >> so if you finish that video, what she says is that then guys with big guns and military strikes came in and left, a

military strike against our embassy. there was never confusion, there was never confusion about the military nature of the strike. what there was confusion of in benghazi was the role of the video. megyn: okay. thank you both. >> sure. [laughter] megyn: coming up, obama campaign co-chair eva longoria taking serious fire for a very ugly tweet about mitt romney.

♪ peg mg my twitter feed is lighting up over that last segment. follow me on twitter @megyn kelly, and we're less than three weeks until election day, and actress eva longoria touching off a major controversy with a recent post on twitter, the online site where you can

communicate with folks in 140 characters or less. she, apparently, retweeted a message from one of her followers, someone sent it to her, and then she sent it around to everybody. it says women and minorities who plan to vote for mitt romney have to be, quote, stupid and that's about the nicest thing that was in the tweet. it goes from there. trace gallagher picks up the story live in l.a. >> reporter: and, megyn, eva longoria's a vital part of the effort to reach out to hispanic voters. she has more than two million followers, and the exact quote is as follows: >> reporter: now, she quickly took it off her timeline, but not before she offended both sides of the aisle. latino rebels called it vulgar, another group quotes:

>> reporter: well, instead of apologizing, longoria blamed it on twitter saying, quote. >> reporter: well, it might have been the same glitch that caused her to retweet a prison rape joke during the vice presidential debate the week before where she said quote, again: >> reporter: now, finally, long goer ya decided if she's not going to apologize, she might as well kiss out sending out this tweet:

>> reporter: happening all the time, right. megyn: it's the anthony weiner defense, right? it wasn't me. i don't know how that happened. how did that wind up? how did that story end again? >> reporter: he came clean. megyn: trace, thank you. [laughter] this is not the end of that story. the obama campaign co-chair. does she need to go on the the record about this? fair and balanced debate coming up, plus much more. stay with us.

megyn: fox news alert on a big story breaking from the campaign trail. brand-new hour of "america live." welcome, i'm megyn kelly. in just the last hour gallup polling announced mitt romney has opened up his biggest lead of the 2012 campaign. now topping the president by 52% to the president's 45%. a 7-point lead over the incumbent. this is not just any poll. this isn't just another statistic according to karl rove. he was on this broadcast yesterday saying it was a

6-point lead under guam and now it's 7. he gave us some historical context for these numbers. >> this is the first time romney has hit 50% in the gallup likely voter poll. the president has never hit 50% in the likely voter poll. and no candidate who has led in mid-october with 50% or more in the likely voter poll has ever gone on to lose. megyn: chris style walt, this is a 7-day rolling average that gallup does is my information. it would include some polling in the wake of the debate this week, but the majority of it would have been prior to the debate. is it telling us anything given that? >> well, it's telling us a lot. it's telling us each day that goes forward you are adding another day beyond the debate and more importantly the vice presidential debate from last week. what we were wondering what was judged to be tied but where

there were strengths, edges for the democrats jeff all butngths, how does this reshape the race. and every day of now polling data that we get after the vice presidential die bait and the presidential debate is the test is, is mitt romney continuing to climb or has his momentum been arrested. so far every indication is he's continuing to climb. megyn: this is likely voters across the united states. even though we here in new york like to pretend we are relevant and you down in washington d.c. like to pretend you are relevant. these states -- kind of know how most of them are going to go. so what's interesting is to look at the swing states. should we be looking at the swing states and how is it going there? >> if you look at it this way. california and new york are offset by texas and georgia and the rest of the south. you have got a republican

pacific coast, democrat pacific coast in the northeast, the south is republican. and then you fight it out for as you say this handful of 11 states that we are looking at this time. and what it tells you is this. if you have a tie race nationally, you are going to scrutinize each of these swing states polls to every degree you possibly can. when you start to see this movement in a 7-point lead when you are well outside the margin of error nationally. what that tells you is the race is starting to break open. this is something we have been waiting to see if it would happen. for a minute it looked like it might break open for the president. but now it looks like it's breaking open for romney. megyn: a they are saying a rising tide lifts all boats. rasmussen was saying you can just expect that the swing states will follow, presumably the same is true now that mitt

romney is at the top. but they also said expect a tightening as we get into late october. we saw a tightening and now we are seeing mitt romney switch as to the leader. do we expect based on history for that to then tighten as we get to november 6? >> not necessarily. tightening is what you say if you are losing. you expect the race to tighten which means i'm going to catch up. what we really expect is voters in reelection years where you have an incumbents in office, voters unplug and they don't pay attention where they go back and forth and air attack ads and engage in whatever silliness. but then whatever happens when you get to that moment that people dial in, fortunately for mitt romney, the moment people dialed in and started paying attention was his best performance of his political career. megyn: what do we expect the president's strategy to be in the coming three weeks to turn those numbers around. >> based on every indication he

will intensify his personal attacks and character attacks on mitt romney. megyn: karl rove said he pulled the negative advertising in many of these states. now he will be coming out as mr. nice guy. >> the anticipation was that pivot point would come where he would try and close on a positive note, on an up note. but with romney moving ahead in the polls he may not have any choice but to intensify the kill romney strategy in the closing weeks of the campaign. megyn: it was effective, the talk about bain capital. but i don't know, who knows, chris, who knows. we'll all know in just a few weeks. chris just talked about the polling. but there is new political callout all because of this move by moderator cnn's candy

crowley. >> it took the president 14 days before he called the the act in benghazi an act of terror. >> get the transcript. >> let me call it an act of terror. megyn: one insider says that interjection changed the course of the entire debate from that point forward. at the bottom of the hour doug schoen along with pat caddell to discuss the political implications and why they say we can expect this to be a critical event for the final presidential debate coming this monday. you can see that right here. coverage begins monday night 8:55 eastern time. join me, bret baier. it happens monday night right here on the fox news channel. i cannot promise ... bret will be inside the debate hall with this debate. i will be in the alley talking like this. hope you will be with us.

new numbers out on the growing financial burden american college students are facing. a report shows student loan debt is up and it's becoming a major issue on the campaign trail with each candidate offering their own plan for relief. trace gallagher has that story. >> reporter: the big fear is you have a lot of students looking at student debt. they are saying they are going to skip college all together. according to the institute of college access and success it says that 66% of last year's college grads walked away with an average of $26,600 in debt. that's up 5% from the year before. that for non-profit colleges. the debt load for profit colleges is even more. steud debt is $1 trillion. most of that is government money. 10% who borrow from the feds

default on their loans. president obama implemented a plan to cap student loan repayment at 15% of your total income. then to stop paying after 25 years. governor romney says the flood of government money into the system allows the schools to keep jacking up prices. he supports private funding. only 25% of funding for college is from private lenders. the unemployment rate for those who just went to high school is almost 20%. only 8.8% for college graduates. but 50% of college graduates are not working in the field they chose or using the skills they learned in college. megyn: thank you. we are expecting a ruling any moment now on a case about god on the gridiron. and whether a group of cheerleaders should be allowed to keep quoting the bible on

bansers they make themselves at high school football games. disturbing new information about iran and its news jar program. what satellite photos revealing about one of its key nuclear facility. a hot hollywood starlet finds herself in hot water. ball campaign co-chair eva longoria blasted for reportedly promoting a vulgar and disgusting tweet calling governor romney and those who support him some very ugly things. that debate and her deny after this break. >> president obama, he is fighting for changing that grow the economy from the middle out and help all americans succeed, jobs, education, health reforms, the dream act. equal pay for women. ♪

♪ ♪ ♪ that should do it. enjoy your new shower. [ door opens, closes ]

megyn: new satellite imagery at one of iran's key nuke sites raising fears about an increase in activity there. this picture is from august. it shows the parchin military complex where iran reportedly carried out tests for a nuclear trigger. the pictures show the building uncovered indicating there was extensive cleanup there and that activity has been deemed suspicious by nuke inspectors. >> mitt romney is for ending funding the planned parenthood, including cancer screenings. he said he would overturn roe versus wade. we have republicans trying to redefine rape. >> trying to force women to

undergo invasive ultrasound. megyn: the stars are encouraging women to vote for president obama. eva longoria is heavily involved in that reelection effort in an official capacity. she is one of 35 co-chairs for the campaign. she even had a coveted speaking slot during the democratic national convention in charlotte and is considered an important part of the obama campaigns's outreach to hispanics. which explains why the questions are growing over an offensive tweet she sent out. is she retweeting a tweet she received? she is not the original author but she sent it around. i have no idea how any woman or minority can vote for romney. you have to be stupid to vote

for such a racist/misogynist -- so i just want to say that then she sent out a little message staying, anyone else having problems with their twitter accounts? which appears to be the anthony weiner defense. is anyone else's twitter bugging out in there are things in my time line i did not retweet today. you can offer your opinions whether that is a blatant lie in an effort to distance herself. >> it was out. it was clear the tweet was out. it's unfortunate because it lacks class, and it lacks any accountability on the issues and it's a slur. i think the american dignity. we are above this. we need to get beyond this. we need to talk about the

issues. it's slanderous. it's unfortunate. megyn: alan, not with standing her original, is anyone else's twitter account acting up? now we get this update. this is according to the "huffington post." she apologized for offending people as a retweet. she said i use twitter as a platform or all americans and their opinions. sorry if people were offended by my retweet. i respect all americans' freedom of speech. >> if it isn't her personal view she shunned have retweeted it. if i were the obama campaign i would not like someone to use that language as a co-chair. i agree with janine that kind of rhetoric should have no place in our campaigns. it demeans the issues. though i might agree with her on

the issues, i wouldn't want that rhetoric to be part of my presentation nor would i want to be represented by somebody who uses that kind of language. megyn: people send you messages and you think it's amusing or interesting you send it out. but most of us also use some judgment and say if something is offensive, we are not going to give that a platform. if you did it by a misfire would you follow up with another tweet saying i didn't mean to send that out at all. a full day has gone by. and this isn't the only one. this isn't the first time she has done this. she sent out this one during the vice presidential debate. we'll put it on the board so you can see it by yourself. bind is making paul ryan his personal "b" word that rhymes with witch. janine, your thoughts. >> she is the co-chair. it's just -- it starts with the

head, doesn't it? unfortunately president obama is calling romney a liar. there is a lot of lander going on from the democrats attacking the conservatives because they don't have any issues. >> romney called obama a liar, too. this is not a one-sided event. romney continued to say obama wasn't being truthful about the things he said. don't act like it's only the democrats doing it. megyn: alan, is there some hypocrisy. the left likes to hold itself out as accepting. whatever -- whether it's gaze or gay marriage or transgender. whatever it is, they are loving and open mind. this is not accepting, loving or open mined. >> no, it's not. but it's not only the left that has hypocrisy. you have romney embracing donald trump who has been saying stupid

things. don't pin it on the left as though they are the only side who has crazy people saying crazy things. megyn: the left holds themselves out as being the partist acceptance. >> they definitely think that in hollywood. >> the right hold themselves out as being good christians and patriots who love this country and they don't always act like that. it's just as much if not more hypocrisy on the right. megyn: does this get it done? she had a prime time speaking role at the convention. is it enough for her to say, sorry if people were offended by a retweet? >> it doesn't make it away. it makes one feel he that that's what she believes. we have to be careful what we retweet or tweet. apologizing isn't going to take the damage away. megyn: this progressive latino

group is demanding an apology. should she be more forceful? >> i think she should resign or asked to resign because it don't think it reflects well on the campaign. megyn: twitter is a great wayf communicating. but you have to be careful. i don't know. i'll let the viewers decide. they can tell me on twitter whether they believe it was an accidental retweet. thank you both so much. you can do that by following me @megynkelly. up next, the new numbers and the story behind recent hiring trends. plus the question on libya. turning into one of the more controversial moment of the town hall debate this week. a moment one campaign insider is saying quote change the entire debate from that point forward.

doug schoen and pat caddell on what to watch for in the final debate just ahead. >> it took the president 14 days before he called the attack in benghazi an act of terror. >> get the transcript. >> he did in fact, sir. so let me call it an act of terror. >> could you say that louder, candy. >> he did call it an act of terror. are you receiving a payout from a legal settlement

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months. suggests that holiday hiring boosts will help people finding seasonal work. >> it may not be enough to completely turn around the employment picture but retailer plan to fill 700,000 positions this holiday season. 40,000 more than last year. mostly at the big department stores. macy's is adding 80,000 christmas workers. kohl's and target are hiring. the big numbers suggest the tight job market is easing and shoppers are ready to spend. >> we won't see a gang busters year but the economy has improved. there is nearly more people working that have money to spend than we saw last year at the same time. >> many are part timers looking for extra income. retirees who want to stay busy.

experts say the good time for those who gave up looking to try again. they may not face so much rejection. outside the mall, lots of winter specific jobs needed. up in the mountains resorts are holding job fairs. fed eggs and ups are bringing on extra staffers to handle the uptick in halladay shipping. amazon.com is hiring 50,000 seasonal workers at its distribution centers. these jobs generally go away once the season ends. but many employers view these assignments as auditions for full-time work. megyn: breaking news from the courthouse on a high profile case about keeping god off the gridiron or any sports field. we'll show you what a judge just

said about the high school clear leaders who use bible verse in their team signs. candy crowley appeared to cut off governor romney in his chance to hit back at the president's narrative on the terror attack that benghazi. but with the third and fine debate focusing solely on foreign policy the governor will have his chance to try again. coming up doug schoen and pat caddell. >> you said in the rose garden the day after the atake it was an acts of terror? it was not a spontaneous demonstration. is that our saying': >> please proceed, governor. >> i want to make sure we get that for the record. i'm ed wagner,

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megyn: back to our top story and new political fallout for the white house over events in benghazi and the white house comments about them. american crossroads has just released a lengthy web ad hitting the president on the changing administration story on these attacks. here is some of that ad. >> you said in the rose garden the day after the atake it was an acts of terror? it was not a spontaneous demonstration. is that our saying? >> please proceed, governor.

megyn: it goes on from there. my next guest says the president can expect that point to be pressed hard during mondays final presidential debate entirely on foreign policy. pat caddell is a former pollster for jimmy carter and pat caddell was a pollster for president clinton. you partnered with judith miller to write a piece critical in particular of candy crowley stepping into try to resolve that dispute in favor of the president and you think it swung the debate in a meaningful way and you think mitt romney will come out swinging in the next one. >> absolutely mitt romney will come out swinging. pat and i agree this is the central question facing the two candidates in the next and final foreign policy debate.

but bottom line i thought mitt romney was more than holding his own in the first 45, 50 minutes of the debate. i thought when candy crowley became a fact checker and ultimately a fact checker who was on shaky ground if not just plain wrong. it threw the entire tenor of the debate out. obama became renewed and vigorous on an issue on which i think he has extreme vulnerability. he bece indignant and won the issue in the debate. it was taken outrageous question of failure for the administration what happened in libya, and i think they managed to get through the last 20 odd days without a political problem. the issue is can they get through the next 20 days with the foreign policy debate. megyn: the campaign we are told is tilled with how that exchange went, pat. and they are going to use it in the future. >> this is going to be a big

issue. let me go back to the debate. that was the worst -- sorry, pat. the obama campaign is thrilled with what happened there. >> no, they are going to eat this issue monday i suspect. if we had a press corps that would do any sort of a job, i said monday the "new york times" terrified about how much in the tank they are on libya. today they have a white wash piece that is a piece of propaganda not fitting of that newspaper. but candy crowley was the worst debate moderator in the history of presidential debates. she interrupted romney 28 times and interrupted obama 8 times. and she went over to help obama. that's what happens because republicans given these bipartisan deals always get rolled. what happened in libya is the president is promoting a false

narrative. i want to go back to a point doug made about the polling. 71% of the people said he excited their expectations. i heard david axlerod and wolf blitzer attack their own poll. the accuracy of the poll was pretty clear. what it shows is on all the issues romney dominates even on foreign policy it was split. and more importantly on the question of who will do best and who has a vision for the future. 61% said the president didn't and only 50% said romney did. but on libya they set this up. in some ways this is set up because somebody has got to get to the bottom of it. no reporter seems to want to do the basic question is susan rice, who sent susan rice out. come on, folks. it's a no brainer. megyn: today we have dianne

feinstein saying specifically for the first time that it was the dni director james clapper who put out talking points memos to the administration in advance of those appearances. so that could change. i want to get back to this problem that you mentioned, pat, about the media and how the debates will go. base know there has been allegations of these moderators rooting for the democrats. those are allegations. now we have a foreign policy debate monday night. this will be moderated by cbs' bop scheiffer. katie couric was at cbs for five years. listen to her perspective on the romney-obama-crowley exchange when she had bill o'reilly on her show yesterday. >> miss crowley with all due respect blight. what the president said in the rose garden was that americans will never give in to terrorism.

it was a general statement. he did not label the benghazi attack terrorism. >> i think it's subject to interpretation in terms of what he said. megyn: it's sun to interpretation. is that -- it's subject to interpretation. is that not the point? it's subject to interpretation and journalists shouldn't be the ones to decide? >> precisely it's subject to interpretation and the moderators should moderate and not fact check. i think bill o'reilly is right. i studied it and it looks clear to me like it was a general comments about terrorism, not a comment about benghazi given the next 20-odd days and susan rice. megyn: i'll bet candy crowley would like to take that moment back with respect to scheiffer. >> she walked back what she did after she did the damage. fine going, girl. megyn: how does this change the stakes for bob scheiffer? >> i think bob scheiffer will

stand back and do his best to be a fair anchor. the real challenge is mitt romney. can he frame a simple narrative which is, mr. president, on the 10th anniversary of 9/11, four americans were killed in a terrorist attack in been gosy, libya. we had infad squat security, we had an inadequate response from the administration so far and we don't have a clear sense as to what you knew and when you night. how can justify playing politics, avoiding intelligence briefings and not responding. that's the question. megyn: do you think we'll get a question along the lines of mr. president, if you meant what you said at the last debate which was the september 12 comment was an attempt to declare this a terrorist attack on our country, that was your meaning, then why did you send susan rice out on the talk shows, why did jay carney deny

it. why did you refuse to dough that far on interviews on "the view" and "david letterman." >> he needs to. i thought romney was going to do that and he flinched it's a tough charge to accuse the president of what i think the white house and the campaign staff are made clear was a blatant effort to mislead the american people. let's grow up. that statement as doug said was 8 paragraphs later and it was about general terror. romney misspoke by not using the word terrorist attack. we had jay carney out and susan rice on five programs. i don't care that clapper prepared the talking points. i want to know in towe if donild clapper were the people who sent them out. >> let me finish one point. the president gave a speech at

the u.n. six time apologizing for the tape. come on, folks. >> quick point, megyn. i have done interviews on sunday programs when i worked for president clinton. there was never an instance where the white house did not authorize structure and otherwise provide talking points to me and other guests. that's how it works. megyn: jay carney the white house spokesman was asked after they did come out and say it was a terror attack, he was asked, we haven't heard you say that before and he said that's because we haven't. that was september 20. he said the white house had not declared it a terrorist act. it will be interesting to see how the president and governor romney handle this monday night. we want to mention doug's book hopelessly divide had made the "new york times" best seller list. doug, congratulations. that's awesome. a fight or personal politics

intensifies. a law professor sues claiming she was passed over for a promotion because of her conservative views. will clear leaders be able to put bible verses on banners? the judge's decision just handled down. >> they weren't getting very fired up.

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megyn: a verdict just came down. a group of texas high school cheerleaders sued after being told they could not display their bible verses during football games. now after losing initially what is the ruling. >> reporter: the cheerleaders have won again. the judge issued another temporary injunction. these banners will be allowed throughout the entire school year. the next hearing is not until

the middle of june. both sides can come and tremor evidence if they so choose. and that's when the decision would be made. the banners are the ones the football team would run through. they would say things like "if god is with us who can be against us." the cheerleaders attorney argued the cheerleaders have a right to express their religious beliefs. they were doing this totally on their own. not on behalf of the school and they have the right to do that and today the judge agreed with them saying yes indeed the banners will stay. so tomorrow night at the football game expect to see the banners back up. that's governor rick perry, the attorney general of texas came out in support of this. and today they all appear to be winners. big victory. megyn: that's significant

legally. we'll talk about that. "kelly's court" back on the docket. the biblical banner and how these cheerleaders won their right to have it displayed on the sideline. joining me is mercedes colwin and mark eiglarsh. mercedes, let me start with you. explain the ruling. >> they said there is no issue with the separation of powers. they focused on the freedom of religion. the first amendment says we have the freedom of religion. the court decided, they are expressing their personal religious beliefs. the issue of whether the establishment clause, the separation of church and state can be treated. and because they have this inalienable right under the first amendment they won. megyn: there was a 2000 supreme court case that seemed to go

directly against them. tell me how the court reconciled it. >> i'm blown away. i think this is going to be completely short-lived. it's a violation of the constitution. my argument is a legal one. this is either government speech or school sponsored speech. either way it's unlawful. for those who are rolling their eyes at me at this legal argument -- make room for the sign to say praise allah and god doesn't exist go wildcats. >> where in the constitution do it say anything about church and state. nowhere. but where it does say, freedom of religion. >> the supreme court. >> you look at constitution. it has been interpreted in various ways by the courts. and this is where the courts drew the line. where does it say this? it doesn't say anywhere in the constitution. what it talks about if you look at genesis of the constitution.

the establishment of religion. it's different. megyn: the school district caused and said, yeah, you can't do it. they argued the supreme court decision from 2000 held that a school district's policy of allowing student led and student initiated prayer at football games violated the establishment clause because it gave it impression of school sponsorship of prayer, and that's what the school used to say we are caving to this out of state atheist group that wants us to stop these banners. >> the whole thing doesn't make any sense. mercedes is wonderful. she is not only attractive but she is smart. but those arguments were already made in front of the supreme court. they said we are interpreting the constitution to mean x, y and z. that means you don't offend atheists, hindus, muslims.

megyn: if it's student led how is it school sponsored. that's like when the student is walking down the hall saying a hail mary, you can't do that? >> that's why the court ruled in favor of the cheerleaders. i walk around with my cross on my chest. when i'm in school with my children does that mean -- megyn: soon it will be banned. >> it's the freedom of religion. it's in the constitution. there is nothing in the constitution. megyn: why is it not the same. why do you say the student walking down the hall saying the hail mary is not the same as the students putting up the banner. >> because it's intertwined with school and it's supported by the school. >> what about the pledge of ashe against. don't we say the pledge of allegiance when you are in school, one nation under god. what about every time you pay for something. it says "in god we trust" in

every bill you have in your wallet. >> let me make this clear. as it makes its way up the appellate court it will be reversed. megyn: what's wrong. would we rather have a society in which the kids can go out with their signs that say al sah loves the tigers? or a society in which nothing can be mentioned. >> i think everyone should be able to express their religion as they see fit. these cheerleaders want to express their religious beliefs, god bless them, the judge agrees. i don't think it appellate courts will overturn it. >> she has this on a moral level not legal. there is nothing wrong with love, peace and happiness. i'll fall favor of those messages. but when you specify a particular religion that's where you cross the line and that's what the supremes have said.

megyn: i have got to go. thank you, panel. coming up next, a fight over personal politics intense guys after a law professor sues claiming she was passed over for a job because of her conservative views. people have doubts about taking aspirin for pain. but they haven't experienced extra strength bayer advanced aspirin. in fact, in a recent survey, 95% of people who tried it agreed that it relieved their headache fast. visit fastreliefchallenge.com today for a special trial offer. just begin with america's favorite soups. bring out chicken broccoli alfredo. or best-ever meatloaf. go to campbellskitchen.com for recipes, plus a valuable coupon.

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megyn: new developments in a discrimination trial that's getting national attention. a woman is suing a university of iowa law school because she says she was frozen out of a job because she worked for pro life causes in the past. she says she was passed over because of her personal politics. >> reporter: teresa wagner who

once worked for the national right to life committee and the family research council said that conservative background cost her a job three times at the university of iowa law school. something school officials deny. she was working part time as an instructor in 2006 when she first applied for a full-time position. she said the job went to a lesser qualified and more liberal candidate and she believes her personal politics were used against her all three times she was passed over. she produced a e-mail saying one thing that worries me is some people may be opposed toker rea serving in any role because they so despise her politics and her activism about it. school officials say that was not the case. that wagner bungled her interview and said she wouldn't teach legal analysis. she denied that under oath and a number of professors testified they do not recall her saying that. that interview was videotaped

but was somehow erased and no longer exists. >> the bottom line is my client because she is a staunch conservative republican didn't get a job with the university of iowa college of law. the faculty totally liberal discussed her politics on the day of the vote. >> reporter: wagner's legal team wrapped up its case yesterday. the judge considered it but the trial is back under way at this hour. megyn: we'll be right back. [ male announcer ] eligible for medicare?

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was talking about doug schoen and he is probably happy about the revelation, and i was reading i thought next is great, both books made it, but any events, congratulations and thanks to all of you who watched, read it, and wrote about it and thanks for watching. >>shepard: they meant well. >>megyn: i felt bad for doug schoen. go buy it, "hopefullyless divided." >>shepard: the news begins anew on "studio b" today. a new poll, good for one and not so much for the other, this pulled ahead. the biggest lead to date outside the margin of errors. intelligence sources say the attack on the consulate may have been a spur of the moment strike and the